Need some legal information

[couleeman]

I can't seem to find actual "legal" information for what I am looking for.

Here is the scoop. The RCMP has told a friends dad (owns a mechanics shop) that he can no longer use his ATV (licence, insured, and registered) to push cars into his shop. He is not going on public property, he stays on private land. Attached to the shop is a gas station, bottle depot, and an oil distribution center, All on private property, no public easements or ROW.

There is no town bylaws or ordinaces that would prevent this (checked that already).

The RCMP told him that he cannot use it as the property has "public access" and next time they will issue a ticket (they didn't tell him exactly what for).

Is there anything that they can legally do on private property? Anybody have information saying that he can use it? He is currently looking for a system to put on his truck now cause he is concerned about loosing the ATV or getting a fine.

p.s. it is in Magrath, AB

 

[ftguy]

Not that I know of and I do the same thing, even have modified it with batteries and push bumper to use as all round booster buggy.

 

[couleeman]

Not that I know of and I do the same thing, even have modified it with batteries and push bumper to use as all round booster buggy.

Yep. I have a feeling that it is due to the town council pushing to allow atv's on the town roads and the RCMP not liking the idea, so he is getting screwed in the process.

 

[Murminator]

Apparently the police have nothing better to do in magrath

 

[IMSICK]

personally.... I'd keep doing it to see first of all, will they follow through and second, what is the ticket for... gonna be small what ever it is and probably fightable

 

[couleeman]

Apparently the police have nothing better to do in magrath

I won't comment on that, but yea not a lot of issues here....

 

[couleeman]

personally.... I'd keep doing it to see first of all, will they follow through and second, what is the ticket for... gonna be small what ever it is and probably fightable

See that is his concern, that is isn't something small and fightable. But I look at the off-highway vehicle regulation (319/2002) and I cannot find where there is any restrictions on private property.

 

[couleeman]

Thanks guys, I got a response back from the RCMP. ftguy, you should keep this in mind too sounds like.



Sir,
I understand what you're saying in that your friend's business is onland owned by him. However, the gas station, bottle depot and possiblythe oil distribution center are accessed by members of the generalpublic. If I am correct in assuming this, the RCMP would be correct inadvising that an ATV may not be utilized on this property. However,should I be mistaken, please feel free to proceed to your local RCMP Detachment to discuss the matter further with the NCO In Charge. In the Traffic Safety Act Regulations, the definition of a highway includes a parking lot that the public would normally have access to. If the general public are driving in to park at the business, eventhough it's on private property, it defines it as a Highway; therefore,the use of an ATV in this area is prohibited under other provincialregulations including the Traffic Safety Act and the Off-HighwaysVehicles Act. WebmasterMedia & Communication Services RCMP "K" Division kdivision.webmaster@rcmp-grc.gc.ca


Just an FYI, by that definition your driveway is considered a highway.

 

[buck50]

Thanks guys, I got a response back from the RCMP. ftguy, you should keep this in mind too sounds like.



Sir,
I understand what you're saying in that your friend's business is onland owned by him. However, the gas station, bottle depot and possiblythe oil distribution center are accessed by members of the generalpublic. If I am correct in assuming this, the RCMP would be correct inadvising that an ATV may not be utilized on this property. However,should I be mistaken, please feel free to proceed to your local RCMP Detachment to discuss the matter further with the NCO In Charge. In the Traffic Safety Act Regulations, the definition of a highway includes a parking lot that the public would normally have access to. If the general public are driving in to park at the business, eventhough it's on private property, it defines it as a Highway; therefore,the use of an ATV in this area is prohibited under other provincialregulations including the Traffic Safety Act and the Off-HighwaysVehicles Act. WebmasterMedia & Communication Services RCMP "K" Division kdivision.webmaster@rcmp-grc.gc.ca


Just an FYI, by that definition your driveway is considered a highway.

they did that at my friends polaris shop in cochrane too!!!!! he owns the whole block basically, and the mechanics would test drive in the empty parking lot adjoing their building, that they own, and 1 rcmp guy was gonna give the mechanic 3 different tickets totalling about $2500!!!!!!!!!! never had a problem before that guy, and now he has been transferred, no problems since!!!!!!!! sometimes i think they just have nothng better to do!!!!!!!!!!!!!!!!

 

[couleeman]

they did that at my friends polaris shop in cochrane too!!!!! he owns the whole block basically, and the mechanics would test drive in the empty parking lot adjoing their building, that they own, and 1 rcmp guy was gonna give the mechanic 3 different tickets totalling about $2500!!!!!!!!!! never had a problem before that guy, and now he has been transferred, no problems since!!!!!!!! sometimes i think they just have nothng better to do!!!!!!!!!!!!!!!!

That is pretty much the case here. He has been doing this for as long as I can remember.

 

[PJtheMunchkin]

Hmmmm? Sounds like the cops in Canada are dickheads too! Good to know that I'm not the only one that sees an abuse of power by the peeps with badges!

 

[teeroy]

I agree coulee, sounds like someone with a bug in their azz. a friend of mine owns a muffler shop and does some atv/sled work and he's always ripping up and down in front of the grain elevators "testing" machines. even tho we have strict town bylaws here relating to ohv use ~ zero tolerance within town limits. but yet i see guys plowing sidewalks in front of their houses, and some do their whole block. glad I don't live in town anymore, bunch of freakin' hypocrites....

 

[glengine]

Probably a damn rookie right out of the acadamy trying to make a name for himself.. We used to run into ignorant cops like that in BC all the time.. And 90% of the time is was a rookie..

 

[rknight111]

Im surprised the cops would even waste there time in a small community like that. Someone must be B*tcHinG to the cops to make them push the issue.

 

[Garryese]

Our fork lift and yard truck are not street legal either, but insured and registered. I would welcome that fight in court!

Three of the four ATV/Sled dealerships in Edson access their repair shops from the public parking lots. All four of them use their parking lots to access outside display areas. At all four dealerships you must unload in the parking lots when you drop the unit off for service work.

Here is one FTguy can probably relate to: One of our shops sponsors a race car, I crew a car in different class, and I am building a new car that will need sponsorship. For the dollars that are spent on the sponsored car, I expect to be able to use that car for promotional events by parking it in the parking lot. Geez, more times than not we unload the race cars in a parking lots and drive or tow it (with a quad no less) into the pits.

Under the High Traffic Act, the list of is very long when one thinks about it.

This cop needs a transfer to the left wing shelter of downtown Toronto or needs to repeatily bang his own head until the realities of Alberta sink in.

 

[TABSTER]

This is a crock of chit. In my county and two of the communities close by, one is a city and the other a very large town, they rip all over the place with Gators doing maintenance and you never see them pulled over getting tickets. They drive right down the road, no seatbelts on, no helmets, they don't even have plates on them. Hell there is two major highways right there, one of which runs right through the center of both the communities. Sounds like Mr. Cop has nothing better to do but pizz people off.... What a Jackazz!

 

[tekim]

This cop needs a transfer to the left wing shelter of downtown Toronto or needs to repeatily bang his own head until the realities of Alberta sink in.

Get him transferred to Assumption, and see how he makes out with his "no quadding" laws.

tekim

 

[teeroy]

Get him transferred to Assumption, and see how he makes out with his "no quadding" laws.

tekim

lol....sounds like you have been there, business or pleasure? :d

used to move a lot of rigs up there in the late 80's when the road still went through town from Zama to Rainbow, the covered bridge coming from the Zama side had "WELCOME TO VIETNAM" spray painted on the the overhead beam....only difference was being in 'Nam you could shoot back

 

[ZRrrr]

Our fork lift and yard truck are not street legal either, but insured and registered. I would welcome that fight in court!

Three of the four ATV/Sled dealerships in Edson access their repair shops from the public parking lots. All four of them use their parking lots to access outside display areas. At all four dealerships you must unload in the parking lots when you drop the unit off for service work.

Here is one FTguy can probably relate to: One of our shops sponsors a race car, I crew a car in different class, and I am building a new car that will need sponsorship. For the dollars that are spent on the sponsored car, I expect to be able to use that car for promotional events by parking it in the parking lot. Geez, more times than not we unload the race cars in a parking lots and drive or tow it (with a quad no less) into the pits.

Under the High Traffic Act, the list of is very long when one thinks about it.

This cop needs a transfer to the left wing shelter of downtown Toronto or needs to repeatily bang his own head until the realities of Alberta sink in.

You make a good point about the forklift. Perhaps there is confusion in that the quad in question is being used as a work related vehicle, not a "pleasure" vehicle. Is there insurance specific to using a quad as a push vehicle at a service station!? I see no differentiation in the "intended use" of the quad vs something like a forklift. How can they enforce this if the quad is not being used as an off highway vehicle. Any judge of sound mind would throw this out of court. Perhaps a freindly discussion with the local RCMP stating the fact it's a vehicle necessary for the daily functions of the business and not a recreational vehicle might open their eyes a little. Me thinks an RCMP officer was bored that day.

Where has all the common sense gone.............

 

[tekim]

lol....sounds like you have been there, business or pleasure? :d

used to move a lot of rigs up there in the late 80's when the road still went through town from Zama to Rainbow, the covered bridge coming from the Zama side had "WELCOME TO VIETNAM" spray painted on the the overhead beam....only difference was being in 'Nam you could shoot back

Who the he!! goes there for pleasure??